The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-24
KALLAHER DENIED TRIAL
THE STATE AND DEFENSE READY :
BUT THE JUDGE OBJECTS.
The Court Holds that Kallaher Is Still
in Contempt, and in No Position to Go
to Trial-The Grand Jury Must Have
All the Documentary Evidence.

v a. @'S - SoAJ 70 A&AF
All the Documentary Evidence.
Yesterday was a day of disappointment TO
Mr.. Pat Kallaher, the w~harfmaster, and his
counsel, The attorney general had set the
cases against Kallaher for trial of his motion,
the indicted officials counsel had been noti-
fed, and were on hand ready to meet the issue.
The attorney general announced to tho
court that the State was ready to proceed
with the trial of the sixty-one indictments
against Kallaher. Counsel for defense stated
they were ready to 90 To trial on the indict-
mcnts, collectively or seyerally, il mattered
not which TO their client. The court inter
ruptcd by saying: '"The cases had been set
by the attorney general without consultation
with ill., that Mr.. kallahcr was in no position
20 demand a trial, because he had declined
TO furnish, as required by an order Of court,
the books and documents connected with
his office, and hc should not try him yet
awhile"
Col. VIM. Carroll, OF counsel for defense
We are here, sir, for the defendant: to insist
upon an immediate trial Of the indictments,
and are ready 10 try them altogether, or one
at a time. We think that Mr.. Kallahcr il
entitled to the benefit Of the constitution OF
NilN NilNft Nllil guarantees 10 every Iltll u
speedy trial by an impartial jury o. the coun-
try. While it is true he has disobeyed an
order of this court, and the court committed
him to jail for doing SO, and We appealed
from that order, il was but proper TO say that 4
Mr., kallaher had acted, in doing so, under I
the advice Of his counsel, and whatever blame \
there was should fall upon them and not
upon him. We have never had Mr.. Kalla-
hers books from 1888 up 10 date, but they
nre upy mud haVp bppp qinpa tba noriv mart
Of October in the possession Of the attorney
general and the criminal court, who not
only had Mr.. kallahcr's private book, on
which he transcribed the weekly report of
his deputy, but he also had thirteen weekly
| reports of that deputy, and the receipt books
OF the county trustee, showing the weekly
amounts that officer had received from Kali
lahcr's collection OF wharfage. We have
also learned that lac has re-
coipts signed by the deputy wharf
master James Carr, showing the
amount lac had received Mt various times
from different steamboats,. 50 that the attor-
ncy general has in his possession all the
documentary evidence connected with Kali
lahcr's Office, except certain reports Of Carr
made weekly from the 9th of April, 1888, 10
July. 1851. Those reports we had conceived
were indispensable 10 show not only that
kallaher WAS innocent of the ollcnscs charged
in the indictments, but that he was entirely
| faithful to the discharge Of his duties, and
entitled to the reputation he has ~ long en-
| iuycd in this community. Recently Mr.. kal-
lahcrs .nscl, having been approached 10y
the attorney general with q request that they
submit for his scrutiny and inspection the
reports which kallahcr had declined 10 give
up under their instruction, did ~, and the
Encouragement made a Carcfu1and thorough
inspection Of the reports, in their presence,
and announced that he was perfectly salts
tied. After this. the attorney general,
taking the indictments up one nc n
time. commencing with the indictment
| charging an Otiense Of the oldest
date. called out one 10y one the indictments.
date 81 the %olIcnSc. date ~ the alleged en-
bcz1lcmcnt and the boat from which wharf
age was collected. lie also had counsel To
read from Cars weekly reports what they
contained, and then inspected for himself,
ant having done 80 compared the aggregate
amount ~ shown by Cars report and
the aggregate amount Of Anchor line wharf
/ age, ia order ~ see II those two sums
were the exact sums paid over each week by
Kallahcr "a the trustee. Such he fund in
varinbly 10 bc the case. Under these circum-
stances We certainly think that Mr.. kallahcr
Is entitled Go an immediate trial"
Judge DuB OSc-Tho reports IL the deputy
whhrma-tcr have evidently been deemed OF
value 10y kallaher, since il appears that he
has had them since 1888. The presumption
il he has them fnm 1879 10 1883. and tho
court desires that lac bring up all bis books
aud paT-rs, that the grand jury might COM
pletc is investigation Of his office. II might
be that tho books and REPORTS would he 20
the advantage Of Mr. kallAhcr, and show
that he Is an honest man. 81 far as the
court Is concerned he shall have a fair trial.
Again II might be That they would throw a
flood of light In another direction. i shall
not try Mr. kallaher now
Gen. Luke Wright (for defcndantl-DO No
understand that these cases will not be tried
until the contempt proceeding now pending
in the supreme court IL determined one way
or the othery'
The Court do not mean exactly that
II may be that the grand jury can complete
the work uf examining the Office, and the
attorney general can git along, rs ] learn
from him that he Is getting data almost every
day.
Col. Carroll-IfI heard your honor cor
rcctly, you stated the presumption was that
Knllahcr had kept all the reports q his dep
utics. Now. let ~ assume. for Argument 5
sake. that he has not done NJ, and that sew
cral IL the deputies are now dead, or That
one Of them was \ rascal, and that he had
made collections aud reported n different
sum: that Kallahcr markell down IN book
which he kept TO copy his drpuiy's IMPORT
In the exact sum IN each instance reported
I W. NNNNH hNNN NANfA ~ WV ~ 80 ~ -
then destroyed the report, and the receipt 81
such deputy showing the true sum collected
by him, produced by the attorney general
not appearing a. he accurate 10y clmpsHron
with the book. would convict kallnlier, aud
vet hc might bc n perfectly innocent man.
50 That Whai the court l. asking Nv la do 10
nj best 20 produce a copy.
The Attorney Grncnal-Thc cases have
been set aud the State has its witnesses and
l. ready for trial. but Of course the court VIII
determine for itself. "
Tho court then referred to the code which
directs that 10 should have control Of
the calendar. and directed the clerk - strik.
the cases from the trial calendar. Tho de-
PENDANTS counsel asked leave, aud were
granted permission, e. file exceptions 10 tie
rulings OF the court. Thus the rscs rass
out III sight fur awhile. at least, ur until the
court concludes to have them at iur trial.
-a-
OPPOSED TO A CONVENTION.